Trust in juries and courts in the Age of Terror

A book co-edited and part-written by a
Charles Sturt University (CSU) legal expert has addressed the complex
challenges faced by courts in Western democracies trying terrorism cases.

Professor
Jane Goodman-Delahunty, a leading researcher with the CSU
School of Psychology, said, "Terrorism
has become an everyday reality in most contemporary societies. Bombs explode in
popular venues, public buildings turn into fortresses and laws are tightened
that threaten fundamental rights."

The Sydney-based academic believes that democratic practices such as the right to
trial by jury are challenged in these cases by ethical, social and
technological barriers.

"In addition, defence counsel are concerned that
it has become more difficult to get a fair trial by jury in a case with
terrorism charges because citizens serving on the jury, their families and
friends are themselves the targets of terrorist acts. As a result, more
defendants are pleading guilty rather than risk a jury trial."

Positive findings in the studies included the
effective use of traditional court procedures to manage jury bias.

"In our second simulation, we showed that judicial
directions and group deliberations within jury panels effectively reduced
errors and produced greater consensus between jury members," Professor Goodman-Delahunty said.

"The optimal psychological time for judicial
directions to be presented may be immediately before the relevant expert
evidence is given.

"Using excerpts
from the jury deliberations, we also showed how juries were able to make sense
of the complex issues in these cases, particularly when the experts used virtual
simulations of the crime scenes."

Professor Goodman-Delahunty believes that
scientific and careful study of human behaviour have uncovered useful
procedures to assist juries in Western democracies to deliver sound judgements,
even when surrounded by sensational media reports and images in a context of heightened
fear.

"The
results of this study confirmed that with
careful preparation, juries can be trusted to remain impartial when confronted
by defendants charged with terrorism," Professor
Goodman-Delahunty
said.

Other recent books by Professor Goodman-Delahunty include Legal Psychology in Australia (2015), Juries and Expert
Evidence in CriminalTrials (2016), and Trends in Legal Advocacy:
Interviews with Leading Prosecutors and Defence Lawyers around the Globe
(2017).